Several data privacy regimes have some element of extra-territorial application. However, the PDPO does not contain any express provisions conferring this effect. As a result, the territorial scope of the PDPO is determined by reference to whether the data user controls all or part of the collection, holding, processing or use of personal information in or from Hong Kong. If a person does not control any of these activities in or from Hong Kong, the PDPO will not apply to him.
The PDPO defines “personal data” as any data relating directly or indirectly to a living individual from which it is practicable for that person to be identified. In practical terms, this could include name; identification number; location data; online identifier; or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
An individual’s consent is required before personal data is collected. However, there are certain exceptions to this requirement – for example, in the case of the use of personal data for the purposes of:
Disclosure to law enforcement authorities and in other cases where it is necessary to comply with legal obligations. In such cases, the PDPO requires that the data user notify the individual of the collection and the purpose for which the data will be used. This notification must be provided before or at the time of collecting the data.
The PDPO also requires data users to inform the individual of any third party who will be receiving their personal data. In the case of a transfer to a third country, this must be done in advance of the transfer. In most cases, this will be achieved by providing the individual with a personal information collection statement (PICS) before or at the time of collecting the data.
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